Topic
Standing
1,062 published works
Wills, Trusts & Estates Prof Blog
Article: Probate Standing
David Horton (University of California, Davis- School of Law) recently published an Article titled, Probate Standing, Michigan Law Review, Vol. 122 (Forthcoming). Provided below is the Abstract:Few topics in civil…
For Purpose Law Group Blog
Forced Out Nonprofit Directors in California Don’t Lose Standing to Sue
Late last week, after six long years of legal battle, the California Supreme Court gave Plaintiff Debra Turner her first victory against former co-directors at the Conrad Prebys Foundation. See…
Class Action Defense Blog
West Virginia Federal Court Finds Lack Of Involvement By Defendant In Alleged Class Action Solicitation Does Not Preclude Personal Jurisdiction Or Article III Standing
Gerald L. Maatman, Jr., Jennifer A. Riley, and Nick Baltaxe Duane Morris Takeaways: On July 18, 2023, in Mey v. Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr & Mougey, P.A.,…
Consumer Financial Services Law Monitor
Eleventh Circuit Reverses Course and Holds a Single Text Message Constitutes TCPA Standing
By Rachelle Pointdujour, Virginia Bell Flynn
The Eleventh Circuit has now joined seven other circuits in holding that receipt of unwanted text messages constitutes concrete injury for standing. On July 24, the Eleventh Circuit issued an…
Data Law Insights
The First Text Cuts the Deepest: Eleventh Circuit Aligns with Other Circuits on TCPA Standing
On July 24, 2023, an en banc Eleventh Circuit joined the majority of circuits to find that just one text is sufficient to establish standing to bring a Telephone Consumer…
Password Protected
En Banc 11th Circuit Joins Sister Circuits, Deeming One Text Message Enough for TCPA Standing
By Sarah Zielinski, Amy Starinieri Gilbert, Sara Holladay, Emily Rottmann, Kathleen Dackiewicz, Matthew Anger
Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven other Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury…
California Employment Law Update
Organizations May Sue Employers Based On Time Spent Opposing Unfair Competition
Under the unfair competition law (UCL), Cal. Bus. & Prof. Code § 17200 et seq., a plaintiff may bring a cause of action for any “unlawful, unfair or fraudulent business…
Paul W. Mollica Federal Courts Blog
Ninth Circuit Holds That District Court Lacked Authority to Convert a Fed. R. Civ. P. 56 Summary Judgment Motion Sua Sponte into a Fed. R. Civ. P. 12 Motion to Dismiss
In Jones v. L.A. Central Plaza, No. 22-55489 (9th Cir. July 26, 2023), the Ninth Circuit holds that the district court erred by sua sponte granting a Rule 12 dismissal…
Privacy and Cybersecurity
SCOTUS Might Not Rule on the Standing of ADA Title III Testers After All
By Minh N. Vu Seyfarth Synopsis: The Plaintiff in Acheson v. Laufer dismisses her lawsuit with prejudice and asks SCOTUS to dismiss its pending review based on mootness. In an…
California Employment Law Update
SCOTUS Provides Further Support For Staying PAGA Court Actions Pending Arbitration
With Adolph v. Uber Technologies, Inc. in the books, it is now clear that Private Attorneys General Act (PAGA) plaintiffs do not lose standing to pursue representative claims in court…